FOIA Advisor

FOIA News: A pair of articles on DOGE

FOIA News (2025)Allan BlutsteinComment

Can DOGE Dodge Transparency Laws?

By Rachel Jones & Frank LoMonte, Am. Bar Assoc., Apr. 28, 2025

Imagine that a new president of the United States tasked the federal Office of Management and Budget (OMB) with identifying $2 trillion worth of federal spending that could be eliminated. Slashing the federal budget by nearly 30 percent would be the biggest news story in America, generating intense public interest, concern, and scrutiny. Predictably, journalists, researchers, and government watchdog organizations would soon be bombarding the OMB with requests under the Freedom of Information Act (FOIA) to determine how the agency intended to carry out such a drastic restructuring of the government.

But what if the same task were instead delegated to a cadre of the president’s most influential supporters, operating as a form of “shadow OMB” outside the confines of traditional government structures? Would open-government laws apply at all to the work of this unconventional “government efficiency” entity?

We may soon find out.

Read more here.

The Legal Battle for DOGE Transparency

How civil society groups are making the case for public-records access

By Kyle Paoletta, Columbia Journalism Rev., Apr, 28, 2025

In early February, the news broke that employees of the Department of Government Efficiency, or DOGE, had received an email ordering them to stop using Slack while lawyers sorted out the matter of “records migration.” The reasons were unclear, but the change had significant implications for communication: according to Jason R. Baron, a professor at the University of Maryland and former director of litigation at the National Archives and Records Administration, the transition represented the difference between DOGE’s internal correspondence being covered by the Federal Records Act, and thus subject to Freedom of Information Act requests, versus the Presidential Records Act, which would exclude the office from FOIA. “The administration position is that those records will not be accessible until 2034,” Baron said. “But if they’re subject to FOIA, those records are available now.”

Lawyers who specialize in public records and government transparency were uniformly shocked. As DOGE raced to upend the federal government, it was evidently also seeking to avoid scrutiny. When I spoke to Katherine Anthony, the deputy chief counsel of American Oversight, a good-government group, she told me that DOGE was effectively claiming the right to decide for itself which laws it had to comply with. “It’s kind of like saying, ‘I’m copying my lawyer on this email so it’s attorney-client privilege.’ That’s not how that works!” Anthony said. “There are legal tests that you have to apply to the specific substance of that email to decide whether it’s attorney-client privilege. Same here—there are legal tests that tell you whether or not a component within the Executive Office of the President is or is not subject to FOIA.”

Read more here.

Court opinion issued Apr. 25, 2025

Court Opinions (2025)Ryan MulveyComment

Accuracy in Media v. Cent. Intelligence Agency (D.C. Cir.) — in a 21-year-old case about records of American prisoners-of-war and others missing from action in the Vietnam War, reversing the district court and remanding; concluding the CIA’s “truncated search terms could not reasonably have been expected to capture relevant records” due to “notable omissions,” an “unexplained mismatch” between the “identified search terms” and “the scope of the FOIA request,” and failure to explain why the use of “singular or plural forms” of the employed terms was irrelevant insofar as “the use of one [might] exclude[] the other”; noting, “[t]he CIA’s worry about further narrowing the search is no answer to the problem of it not being broad enough to begin with,” especially since the agency “failed to adequately explain why fewer search terms would yield more results when, in this case, logic suggests the opposite is true.”

Summaries of all published opinions issued in 2025 are available here. Earlier opinions are available for 2024 and from 2015 to 2023.

FOIA News: Democrat seeks info on CDC’s FOIA office

FOIA News (2025)Allan BlutsteinComment

House oversight committee demands answers on gutting of CDC public records office

By Sydney Lupkin, NPR, Apr. 24, 2025

The top Democrat on the House Committee on Oversight and Accountability wants answers from the Centers for Disease Control and Prevention about why its public records staff was gutted on April 1, when thousands of federal health agency workers were fired.

Rep. Gerry Connolly, a Democrat from Virginia, sent a letter to CDC's acting director Dr. Susan Monarez on Thursday, expressing "concern" about the 22 staffers who handled and fulfilled public records requests being placed on administrative leave until their jobs are eliminated on June 2. Their work has been mandated by Congress since the 1960s under the Freedom of Information Act, or FOIA.

Read more here.

FOIA News: Lawsuit seeks to extend FOIA to judiciary

FOIA News (2025)Allan BlutsteinComment

Conservative Legal Group Sues For Federal Judiciary Records

By Emily Sawicki, Law360, Apr. 24, 2025

In its latest federal suit, the Washington-based conservative litigation group America First Legal Foundation has brought a claim against Chief U.S. Justice John Roberts, alleging that records held by the Judicial Conference must be subject to the Freedom of Information Act.

The nonprofit legal group, which was founded by longtime Donald Trump adviser Stephen Miller and is staffed by the president's allies, launched its complaint in the U.S. District Court for the District of Columbia on Tuesday, alleging that Justice Roberts and Robert J. Conrad, director of the Administrative office of the U.S. Courts, are unlawfully denying it access to public records held by the courts.

Read more here (accessible with free subscription).

See amended complaint here.

Court opinion issued Apr. 22, 2025

Court Opinions (2025)Allan BlutsteinComment

Am. Oversight v. DOJ (D.D.C.) -- granting government’s summary judgment motion and holding that pursuant to the U.S. Supreme Court’s decision in GTE Sylvania, Inc. v. Consumers Union of U.S., Inc., DOJ properly withheld Volume Two of Special Counsel Jack Smith’s 2025 investigatory report because another federal district court has barred its disclosure; rejecting plaintiff’s arguments that the government was required to identify statutory exemptions; that DOJ’s support for the injunction rendered GTE Sylvania inapplicable; and that the court that issued the injunction lacked jurisdiction to maintain it.

Summaries of all published opinions issued in 2025 are available here. Earlier opinions are available for 2024 and from 2015 to 2023.

FOIA News: HHS to post more FOIA docs, asserts Sec’y

FOIA News (2025)Allan BlutsteinComment

‘Total Transparency’: RFK Jr. Pledges To Restore HHS Public Records Requests Slowed By DOGE

By Emily Kopp, Daily Caller News Found., April 23, 2025

Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. pledged at a press conference Tuesday to restore the production of federal records.

Those records, requested by members of the public, were said to be slowed by Department of Government Efficiency (DOGE) cuts.

Kennedy also said he will create a new website for HHS documents.

Kennedy said he would seek to publish a greater number of documents requested under the Freedom of Information Act (FOIA) — a 1967 law that allows members of the public to obtain government records with some limited exceptions such as information pertaining to national security and trade secrets. The new landing page could include records requested and released previously but unavailable on the HHS website.

HHS currently hosts an online reading room for some records, but it does not serve as a repository of every document released under a FOIA request.

Read more here.

Court opinion issued Apr. 21, 2025

Court Opinions (2025)Allan BlutsteinComment

Lenahan v. HHS (N.D. Cal.) -- ruling that: (1) agency performed adequate search for various contractual records pertaining to agency’s purchase of antibiotics for the Strategic National Stockpile; (2) agency properly relied on Exemption 3 in conjunction with 41 U.S.C. § 4702(b) to redact successful bidder’s proposal, which had not been incorporated into the awarded contract; and (3) agency’s offer to provide an informal Vaughn Index to plaintiff during the meet-and-confer process was insufficient to justify remaining withholdings under Exemptions 3 and 5.

Summaries of all published opinions issued in 2025 are available here. Earlier opinions are available for 2024 and from 2015 to 2023.

FOIA News: Hall of Fame under new management

FOIA News (2025)Allan BlutsteinComment

Brechner FOI Project to Lead National FOIA Hall of Fame

Univ. of Florida, Apr. 21, 2025

The National Freedom of Information Act Hall of Fame is back, under the leadership of the Joseph L. Brechner Freedom of Information Project at the University of Florida College of Journalism and Communications.

The Hall of Fame was created in 1996 by the First Amendment Center, an operating program of Freedom Forum, with the assistance of the Society of Professional Journalists. The 1996 launch coincided with the 30th anniversary of the U.S. Freedom of Information Act. Every five years, through 2016, a class of new individuals was inducted into the hall in recognition of their impact and dedication to government transparency in the United States.

Read more here.